UALR-Law-Review-Style-Manual-Ninth-Edition-revised-1-13-2017

INTRODUCTION This manual is intended to offer members and apprentices of the University of Arkansas at Little Rock Law Review guidance on citation conventions unique to this Law Review,

UNIVERSITY OF ARKANSAS AT LITTLE ROCK

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NINTH EDITION

2017

INTRODUCTION

This manual is intended to offer members and apprentices of the University of Arkansas

at Little Rock Law Review guidance on citation conventions unique to this Law Review, as well

as clarification of rules of citation and style that are often confusing for student editors and writers Because this Law Review is highly deferential in its treatment of non-student authors’ writing style and word choice, sections in this manual that address these topics are intended for student authors only The editors of this manual recommend that technical changes made to non-student authors’ pieces be limited to errors in grammar and citation

References contained in this manual include cross-references to itself (“UALR Law Review Style Manual”), as well as citations to The Bluebook: A Uniform System of Citation, 20th edition (HBB) and The Chicago Manual of Style (16th ed 2010) References to these authorities will direct you to specific rules for additional information and examples The Bluebook is the primary authority for citations, and The Chicago Manual of Style is the primary authority for stylistic matters If there is a conflict not directly addressed in this Style Manual,

(see infra, F Electronic Media), then The Bluebook rule should be followed If there is a conflict

between the UALR Style Manual and The Chicago Manual of Style, then the UALR Style Manual should be followed

Please read this manual carefully, cover to cover Student editors are expected to consult and cite to this manual when conducting cite-checking assignments, and to refer to it during the process of writing a note, comment, or survey section Because the manual focuses on errors commonly made as a result of writers’ unfamiliarity with particular rules (especially Bluebook rules), please periodically review the entire manual to maintain familiarity with easily forgotten rules As more members of the Law Review become proficient with the rules of usage, citation, and style, we can produce a proportionately better Law Review

TABLE OF CONTENTS

UALR LAW REVIEW CONVENTIONS

1.TYPEFACE CONVENTIONS FOR HEADINGS 5

1.1 Articles, Essays, and Other pieces of Non-Student Authors 5

1.2 Student-Written Notes and Comments 5

1.3 Student-Written Survey Sections 6

2.INTRODUCING ACRONYMS AND ABBREVIATIONS 7

3.PARALLEL CITATIONS FOR ARKANSAS CASES 7

4.CITATION CONVENTIONS FOR ARKANSAS STATUTES AND SESSION LAWS 8

4.1 Arkansas Statutes 8

4.2 Arkansas Session Laws 10

4.3 Citing Arkansas Session Laws and Statutes in Legislative Surveys 11

5.CITING STUDENT-WRITTEN NOTES PUBLISHED IN OUR LAW REVIEW 11

6.ELECTRONIC MEDIA 12

7.FIVE OR MORE CONSECUTIVE “I D.S” 12

8.APOSTROPHES USED WITH ITALICIZED WORDS 12

9.FOOTNOTES 12

10.SENTENCE SPACING 13

11 “EM”DASHES,“EN”DASHES, AND DASHES 13

SUBSTANTIVE EDITING REQUIREMENTS 14

TECHNICAL EDITING REQUIREMENTS 15

UALR LAW REVIEW CONVENTIONS

1 TYPEFACE CONVENTIONS FOR HEADINGS

RULE 1: All headings must conform to capitalization requirements of HBB 8 Case names

should appear in italics when in roman font headings, and in roman font when in

italicized headings

1.1 Articles, Essays, and Other Pieces by Non-Student Authors

THE TITLE SHOULD BE IN ALL CAPS AND FLUSH LEFT

The author’s name should appear below the title in italics, should be indented five spaces, and followed by an asterisk (*) referring the reader to a footnote containing biographical information about the author

I. LEVEL ONE HEADINGS SHOULD BEGIN WITH ROMAN NUMERALS,BE TYPED IN LARGE AND

SMALL CAPS, AND BE CENTERED

A Level Two Headings Should Begin with Upper Case Alphabetic Characters in Ordinary

Roman Type and Flush Left with a Hard Right Indent

1 Level Three Headings Should Be Indented Five Spaces from the Left Margin,

Hard Right Indented, Italicized, and Preceded by an Ordinary Numeral

a Level four headings are indented ten spaces from the left margin, preceded

by a lower case alphabetical character, are hard right indented, and typed

in ordinary roman type

i Level five headings are indented fifteen spaces from the left

margin, preceded by a lower case roman numeral, hard right indented, and italicized

1.2 Student-Written Notes and Comments

The title of a comment should appear as follows:

THE INSANE CONTRADICTION OF S INGLETON V N ORRIS: FORCED MEDICATION IN A DEATH ROW

INMATE’S MEDICAL INTEREST WHICH HAPPENS TO FACILITATE HIS EXECUTION

The title of a casenote should appear as follows:

EMPLOYERS MUST CONDUCT A REASONABLE INVESTIGATION TO DETERMINE IF AN EMPLOYEE’S

SPEECH IS PROTECTED BEFORE DISCHARGING THE EMPLOYEE BASED UPON THE SPEECH. Waters

v Churchill, 114 S Ct 1878 (1994)

HBB 10.2.1(c) applies to the abbreviation of case names in the title of a casenote, meaning that all words in the name of the case will generally be spelled out If the piece is an issue note, its title maintains the same format as the title of a casenote, but omits the case name and citation at the end of the title See UALR Law Review Style Manual Rule 5.1 for our Law Review’s convention on citing notes appearing in our Law Review

Headings within the note or comment follow the same conventions for headings found in pieces written by non-student authors See UALR Law Review Style Manual Rule 1.1

For published notes, the student author’s name should be flush right and italicized, appearing at the end of the piece It should be followed by an asterisk (*) directing the reader to a footnote

containing biographical information about the student author

1.3 Student-Written Survey Sections

TITLES OF TOPICAL SECTIONS ARE ALL CAPS AND FLUSH LEFT

A HEADINGS WITHIN EACH SECTION SHOULD BE IN LARGE AND SMALL CAPS,FLUSH LEFT

WITH A HARD RIGHT INDENT, AND SHOULD BE PRECEDED BY A CAPITAL LETTER

1 Level One Headings Should Be Indented Five Spaces from the Left Margin, Hard

Right Indented, in Ordinary Roman Font, and Preceded by an Ordinary Numeral

a Level Two Headings Should Be Indented Ten Spaces from the Left Margin,

Hard Right Indented, in Italics, and Preceded by a Lowercase Letter The student author’s name should be flush right and italicized, appearing at the

end of the section

2 INTRODUCING ACRONYMS AND ABBREVIATIONS

RULE 2.1: Parentheses should be used to identify acronyms that will be used later in the text

Do not set the acronym off with quotation marks, however Generally, the acronym should be spelled out the first time it is mentioned in the text, and

abbreviated thereafter

Example: Arkansas has joined the nationwide trend, taking a strong stance against student

athlete exploitation by adopting the Uniform Athlete Agents Act (UAAA)

RULE 2.2: When introducing abbreviations that will be used later in the text, set these off

with quotation marks and parentheses As with acronyms, spell out the abbreviated word or words the first time they appear in the text, and then use the

abbreviation consistently thereafter

Example: Members of the Arkansas Board of Pharmacy (“Pharmacy Board”) may credential

qualified persons to practice various pharmacy services

3 PARALLEL CITATIONS FOR ARKANSAS CASES

RULE 3.1: For all citations to Arkansas Supreme Court (Ark.) or Arkansas Court of Appeals

cases (Ark App.) cases published before February 14, 2009 must include both the Arkansas citation and the South Western Reporter citation Pinpoints should be provided where appropriate Note that parallel citations are used even when the preceding citation is exactly the same

Examples: 1Green v State, 334 Ark 484, 978 S.W.2d 300 (1998)

2Id at 406–07, 993 S.W.2d at 920, 924

3Mazepink v State, 336 Ark 171, 987 S.W.2d 648 (1999)

4See Green, 334 Ark at 191, 987 S.W.2d at 657–58

5Id., 987 S.W.2d at 657–58

RULE 3.2: For all citations to Arkansas Supreme Court or Arkansas Court of Appeals cases

published on or after February 14, 2009, do not cite to the Arkansas Reporter Use the following format to cite cases published on or after February 14, 2009 Pinpoints should be provided where appropriate Note that parallel citations are used even when the preceding citation is exactly the same

Examples: When the southwest regional reporter citation is available:

1 Kelly v Estate of Edwards, 2009 Ark 78, at 2, 301 S.W.3d 156, 157

2 Burkett v Exxon Tiger Mart, Inc., 2009 Ark App 93, at 2, 301 S.W.3d 495,

496

When the southwest regional reporter citation is not available but the decision will be published in the regional reporter:

3 Johnson v State, 2009 Ark 83, at 1, _ S.W.3d _, _

4 Gillespie v Gillespie, 2009 Ark App 95, at 1, _ S.W.3d _, _

When the decision will NOT be published in the regional reporter:

5 Johnson v State, 2009 Ark 83, at 1, 2009 WL 416474, at *1

6 Gillespie v Gillespie, 2009 Ark App 95, at 1, 2009 WL 398215, at *1

Examples: When using a short citation for Arkansas Supreme Court or Arkansas Court of

Appeals cases published after February 14, 2009:

1 Kelly v Estate of Edwards, 2009 Ark 78, at 2, 301 S.W.3d 156, 157

2 Gillespie v Gillespie, 2009 Ark App 95, at 1, 2009 WL 398215, at *1

3 Kelly, 2009 Ark 78, at 2, 301 S.W.3d at 157

4 Id., at 3, 301 S.W.3d at 157

5 Id., 301 S.W.3d at 157

6 Gillespie, 2009 Ark App 95, at 4, 2009 WL 398215, at *3

7 Id., 2009 WL 398215, at *3

8 Id., 2009 WL 398215, at *4

4 CITATION CONVENTIONS FOR ARKANSAS STATUTES AND SESSION LAWS

* Editor’s Note: The rules in this section may be applied by analogy to federal statutes For purposes of understanding the rules in this section, you should be familiar with the components

of a citation to the Arkansas Code Annotated In the citation appearing below, the number “4” is the title where the statute is found, the number “32” is the chapter where the statute is found, the number “202” is the section number, and “(a)” is the subsection Please note, HBB 12 covers citation of federal statutes in detail

ARK.CODE ANN § 4-32-202(a) (Repl 2001)

4.1 Arkansas Statutes

RULE 4.1.1: A full citation should be provided the first time a statute is cited or any time a

statute with the same section number does not appear in one of the five preceding

footnotes In a full citation, “ARK CODE ANN.” may be replaced with “Id.” as

long as the citation includes the statute number and a date parenthetical containing the publisher name and the year This rule only applies when the section number

of the statute changes, not when a different subsection of the statute is cited Note that this is subject to the “five id rule.” See UALR Law Review Style Manual Rule 7 The following are all examples of appropriate full form citations

Examples: 1ARK.CODE ANN § 17-26-305(1) (Supp 2001)

2Id § 17-26-304 (Repl 1995)

3Id § 4-32-202 (Repl 2001)

RULE 4.1.2: When deciding how to construct the parenthetical containing the date and

publisher information for a full form citation, look first at where the statute is printed If it is in the pocket part, you will designate it as a supplement (“Supp.”), and insert the year of the current supplement If the statute is not in the current pocket part, look at the spine of the bound volume itself to obtain the year All bound volumes issued prior to 1999 were published by Michie; those replacement volumes (“Repl.”) issued beginning in 1999 were all published by LEXIS

Examples: A statute appearing in an original volume should be cited as follows: ARK

CODE ANN § 14-348-101 (1987)

A statute appearing in a replacement volume issued either by Michie or LEXIS should be cited as follows: ARK.CODE ANN § 5-10-101 (Repl 1997)

A statute appearing in a pocket part should be cited as follows: ARK.CODE ANN

§ 17-22-208 (Supp 2001)

RULE 4.1.3: Inclusive sections within the same chapter of the Arkansas Code should be cited

so as to take into account the fact that some of the statutes in that chapter may appear in the pocket part, while others may appear in the bound volume Do not repeat the title number or the chapter number; instead, separate with a dash and insert “to.” Inclusive section numbers are separated by an “en” dash See HBB 3.3(b) for additional guidance

Examples: 1ARK.CODE ANN §§ 15-4-1701 to -1709 (Repl 2000 & Supp 2001)

2ARK.CODE ANN § 25-20-302(b)–(e) (Supp 2001)

RULE 4.1.4: A short form is appropriate if the statute with the same section number appears in

full or short form in one of the five preceding footnotes (even if it is just “id.”) In

a short form citation, the publisher/date parenthetical is omitted, and “id.” is

utilized When citing to a different subsection of the same statute, repeat the title, chapter, and section numbers Do NOT use “at” before a section number Again,

the “five id rule” applies Id by itself is only appropriate when the immediately

preceding footnote contains only one citation, and both citations are exactly the same See HBB 4.1 for additional guidance

Examples: 1ARK.CODE ANN § 15-75-406(f)(1) (Supp 2001)

2Id

3Id § 15-75-406(f)(2)

4Id § 15-4-2101 (Supp 2001); id § 15-75-406(f)(2)

5Id § 15-75-406(f)(2)

6Id § 15-75-406(f)(1)

7ARK.CODE ANN.§15-4-2101

4.2 Arkansas Session Laws

RULE 4.2.1: When citing a session law in full form, give the official name of the Act (if the

official title is manageable) If the official name is not appropriate, designate the Act by its date, Act number, and Article or Section number (if appropriate); the Arkansas Acts citation; and a parenthetical indicating where the Act is codified The Arkansas Acts citation is composed of three parts: (1) the year of the legislative session, (2) the name of the reporter, and (3) the initial page number of the act Use pinpoint pages where appropriate

Examples: 1The Arkansas Alcoholic Control Act, No 108, art VII, sec 12, 1935 Ark Acts

258, 297, repealed by Initiated Act No 1, sec 1, 1943 Ark Acts 998, 998

(codified at ARK.CODE ANN § 3-8-208 (Repl 2008))

2Act of Feb 28, 1969, No 132, sec 3, 1969 Ark Acts 384, 389 (codified at ARK

CODE ANN § 3-9-203 (Supp 2015))

3See Act of Mar 5, 1985, No 266, secs 1, 2, 1985 Ark Acts 423, 424, 426

(codified at ARK.CODE ANN §§ 3-8-202, -208(c) (Repl 2008)); Act of Feb 28,

1993, No 243, sec 1, 1993Ark Acts 430, 430 (codified at ARK.CODE ANN § 3-8-205 (Supp 2015))

b Short Form Citations

RULE 4.2.2: When the Act is cited in full or short form in one of the five preceding footnotes,

OR is named in the same general textual discussion to which the footnote is appended, a short form is appropriate Note that citations to session laws use the abbreviation “sec.” instead of “§.” While it is inappropriate to use “at” before a

“§” symbol, “at” should be inserted before the “sec.” abbreviation See HBB 12.10 for additional guidance

Examples: 1Act of Feb 28, 1969, No 132, sec 3, 1969 Ark Acts 384, 389 (codified at ARK

CODE ANN § 3-9-203 (Supp 2015))

21969 Ark Acts 389 at sec 3

31969 Ark Acts 395 at sec 10(a)

4.3 Citing Arkansas Session Laws and Statutes in Legislative Surveys

RULE 4.3: Because legislative surveys are geared toward Arkansas practitioners, and

because Arkansas practitioners refer almost exclusively to the codified versions of Arkansas session laws, the Law Review’s convention is to cite primarily to the Arkansas Code; however, citations to session laws should be used in the following instances: (1) the first time the Act is mentioned in the text; (2) at the end of any general “blanket sentence” about the Act, particularly where it would

be cumbersome to cite to all the individual code sections; (3) when the Act is not codified, as with an appropriations act or an emergency clause; (4) when the

author is discussing the language of the statute prior to the revisions; and (5)

when the Act repeals a statute or statute You will not need a date parenthetical for a code section that has been repealed Note also that codification parentheticals are only required the first time an act is cited Rather than providing examples here, the editors of this manual recommend that student editors with questions about how this rule works consult the legislative survey contained in volume 24:2 of the University of Arkansas at Little Rock Law Review for guidance